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Opinion Letter No. 94-13
July 8, 1994
County Employee’s Personnel File Accessible to U.S. Department
of Labor
The County of Maui properly provided the U.S. Department
of Labor (Department) with access to a
county employee’s personnel file in connection with the Department’s
investigation of a whistleblower
complaint filed by a county employee under federal water pollution
control laws. Federal regulations
permit the Department to inspect the records of any employer deemed
necessary to determine
whether a violation of the law has been committed. The OIP concluded
that a federal administrative
regulation is a "federal law" for purposes of section
92F-12(b)(2), Hawaii Revised Statutes. This
UIPA provision requires an agency to disclose government records,
pursuant to a federal law, which
are expressly authorized to be disclosed to the person requesting
access.
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